A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 25, 2016, the Defendant was under the influence of alcohol, such as smelling alcohol from the slope E belonging to the Incheon Samsan Police Station D, while driving a C-car under the influence of alcohol, on September 25, 2016, at around 22:45, the Defendant driven the vehicle under the influence of alcohol, such as drinking alcohol and sprinking red on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant does not put the breath in a drinking measuring instrument.

A police officer's non-compliance with a police officer's drinking test by refusing it through a method of refusal without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that the defendant has already been punished twice due to drinking alcohol driving, again drives alcohol and refused to measure drinking, despite the fact that the defendant has already been punished twice due to drinking, and thus the nature of the crime is considerably good: The defendant recognized the crime of this case; the defendant sent a proxy driver, but the article was not assigned at a five-minute distance from the lane, resulting in driving of this case; there was no history of punishment exceeding the fine; the wife and two children are responsible for living while supporting the wife and two children; the defendant's age, sex behavior, environment, means and consequence of the crime; and the circumstances after the crime of this case, etc. shall be determined as the sentence as per the Disposition, comprehensively taking account of the various factors as shown in the arguments of this case, such as the defendant's age, sex, means and result of the crime;